What does it mean to be an at-will employee?

California Labor Code § 2922 establishes the at-will doctrine. We often hear of employers telling employees that California is an at-will state so they can fire the employee for any reason, with or without cause. This is not entirely true. So what does it really mean to be an at-will employee in California? In California, an employer can terminate an employee for any reason except for a reason that violates the law. So when is it unlawful to fire an employee? There are many reasons:

It is unlawful for an employer to terminate an employee based on gender, race, color, national origin or ethnic origin, sex, marital status, pregnancy, veteran status, and sexual orientation.

It is unlawful for an employer to terminate an employee because he or she took family or medical leave.

It is unlawful for an employer to terminate an employee for discussing wages with other employees or because of the employee’s political activity.

It is unlawful for an employer to terminate an employee for reporting unsafe working conditions or for whistleblowing.

It is unlawful for an employer to terminate an employee who complains about a violation of law or for reporting to a governmental agency that a violation of law has occurred at the workplace.

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Please note that nothing presented on this website is legal advice. Every situation and every client's legal matter is different and this website is merely meant to provide information to the public. Nor does this website create an attorney-client relationship - such a relationship has not been formed until a signed fee agreement has been made. If you want legal advice or want to know if you have suffered a legal wrong in the workplace, contact our office.